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42 USC 1983

Also see: Prisons

Comparing 42 USC 1983 and Tort Claims Acts

Lunon v. Vance , 8th Cir., No. 18-03314, 12/27/19 - Court rejects due process claim and found qualified immunity for animal control officers who failed to scan a dog for an identification microchip.

Kingsley v. Hendrickson, 576 US __ (2015) - Pretrial detainees need only show an objective use of excessive force in a 1983 case, not the subjective intent to do harm that convicted prisoners must show.

Dogs are property but can be destroyed if running loose - Altman v. City of High Point, N.C., 330 F.3d 194 (4th Cir.(N.C.) 2003)

Good analysis of 42 USC 1983 and prison medical malpractice - Jolly v. Klein, 923 F. Supp. 931 (S.D.Tex. 1996) - physician failed in claim of qualified immuity.

Qualified immunity under 1983 for animal control officer - Helms v. Gamet, 828 F. Supp. 819 (D.Colo. 1993)

Pierson v. Ray, 386 U.S. 547 (1967) - Supreme Court applies qualified immunity defense to 42 USC Sec. 1983.

Supreme Court standards for governmental immunity - Harlow v. Fitzgerald, 457 U.S. 800 (1982)

 

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